In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. However, federal habeas corpus proceeding cannot normally be used as a vehicle to change a state court's child custody decision.
Wisconsin Petition for Writ of Habeas Corpus to Restore Custody to Parent
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How to fill out Petition For Writ Of Habeas Corpus To Restore Custody To Parent?
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Section 2241 of Title 28 of the United States Code (?28 U.S.C. § 2241?) permits courts to issue writs of habeas corpus where a prisoner establishes that he is in custody in violation of the Constitution or laws or treaties of the United States.
§ 2241. (a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.
Section 2241 of Title 28 of the United States Code (?28 U.S.C. § 2241?) permits courts to issue writs of habeas corpus where a prisoner establishes that he is in custody in violation of the Constitution or laws or treaties of the United States.
Habeas corpus is one of the earliest common law writs. In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
The habeas corpus remedy offers a particularly effective means for obtaining a prompt custody determination?. it may be that custody questions need immediate resolution? A custody determination could?be pursued by petition and order to show cause but a writ proceeding is apt to move to a hearing more quickly.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Habeas corpus is a proper remedy with which to challenge the personal jurisdiction of a trial court over a criminal defendant and to challenge a ruling on a motion to suppress evidence when constitutional issues are involved.
Service of Process Resources A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).